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(영문) 수원지방법원 2013.12.11 2013고단3703

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving C-2 cargo vehicles.

On June 27, 2013, at around 23:45, the Defendant driven the above cargo while under the influence of alcohol of 0.197%, and led to the flow of the roads near the shooting distance in front of the tri-Eup of the wife population at the Gyeonggi-si in the direction of permission from the direction of permission.

At the time, since it was at night and at a place where a intersection is located, there was a duty of care to safely operate the steering system and the steering system by properly operating it.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the direction of the signal in the vicinity of the above intersection, received the rear part of the victim D driving E L-W car from the front part of the Defendant’s driving freight, and continued to stop in the traffic signal in front of the above L-W car, and received the rear part of the victim FMW car from the victim FMW car which continued to stop in the traffic signal in front of the above L-W car.

As a result, the Defendant caused the victim D’s injury, such as fluoral salt, which requires a medical treatment for about six (6) weeks, injury to the victim F, such as culoral salt, which requires a medical treatment for about three (3) weeks, and suffered injury to the victim H, who is the fluor of the victim F, for about two (2) weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the status of a drinking driver, and a report on the status of each drinking driver;

1. Requests for appraisal;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.